§ 19-3-402 - Procedure for obtaining and repaying loans.
               	 		
19-3-402.    Procedure for obtaining and repaying loans.
    (a)  The  State Board of Finance is authorized to make temporary loans to cities,  counties, and school districts from average daily balances in the State  Treasury available to the board for investment purposes. For any city,  county, or school district to be eligible to receive temporary loans  under the provisions of this subchapter, the city, county, or school  district shall prepare a schedule from each of the five (5) preceding  calendar or fiscal years. This schedule shall reflect the average  monthly cash flow derived from property tax sources and the proportion  of property taxes available during each month as they relate to the  aggregate amount of property taxes collected and available to the city,  county, or school district during the calendar or fiscal year, and the  city, county, or school district shall average such monthly cash flow  percentages for the five-year period.
(b)  If  the board determines that the cash flow of the city, county, or school  district has fallen below the monthly average percentage cash flow for  property taxes available to the city, county, or school district for the  prior five (5) fiscal years and that the current level of cash flow is  not adequate to enable the city, county, or school district to maintain  an adequate level of services, the board may make temporary loans to the  city, county, or school district. These loans may be in an aggregate  amount no greater than the difference between average monthly percentage  cash flow of the city, county, or school district for the preceding  five (5) years for such period and the actual percentage cash flow in  the current tax year computed on the basis of taxes collected in  relation to the estimated tax collections for the tax year.
(c)    (1)  All  these loans shall be repaid to the board upon their maturity, which  shall, in no event, be beyond the last day of the calendar year in which  the loan is made.
      (2)  In the  event any city, county, or school district shall fail or refuse to pay  any such loan in accordance with the repayment schedule agreed to by the  board or as set forth in this section, the board shall certify this  fact and the amount of the unpaid loan to the Treasurer of State. The  Treasurer of State shall withhold it from the next moneys available for  distribution to the city, county, or school district from state general  revenues and shall transfer the amount from the County Aid Fund, the  Municipal Aid Fund, or the Public School Fund, as the case may be, to  the appropriate State Treasury account or source from which the loan was  made.